Section 44 – After-care organisation – Juvenile Justice (Care And Protection Of Children)

(b) For a scheme of after-care programme to be followed by such after-care organisations for the purpose of taking care of juveniles or the children after they leave special homes, children homes and for the purpose of enabling them to lead an honest, industrious and useful life;

(c) For the preparation or submission of a report by the Probation Officer or any other officer appointed by that Government in respect of each juvenile or the child prior to his discharge from a special home, children’s homes, regarding the necessity and nature of after-care of such juvenile or of a child, the period of such after-care, supervision thereof and for the submission of report by the Probation Officer or any other officer appointed for the purpose, on the progress of each juvenile or the child;

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(d) For the standards and the nature of services to be maintained by such after­care organisations;

(e) For such other matters as may be necessary for the purpose of carrying out the scheme of after-care programme for the juvenile or the child:

Provided that any rule made under this section shall not provide for such juvenile or child to stay in the after-care organisation for more than three years:

Provided further that a juvenile or child over seventeen years of age but less than eighteen years of age would stay in the after-care organisation till he attains the age of twenty years.

Comment:

After-care service can serve best to prevent juveniles in conflict with law and children from indulging in criminal behaviour after their discharge from the Children’s Home or Special Homes as the case may be. Section 44 deems it necessary that before a juvenile or a child is discharged from Children’s Home or Special Home, care has to be taken to make sure that he does not indulge in criminality again and makes a head way towards an ‘ honest, upright and useful life.

For this purpose, before the child is discharged from such Home, a report from the Probation Officer or any other officer appointed by the State Government for this purpose is obtained regarding the necessity and nature of after-care of such juvenile or child specifying the period of such after-care.

The period of stay of juvenile or child in the after-care organisation shall, however, not exceed three years. Provided further that if the juvenile or child is over 17 years of age but less than 18 years of age, he would stay in the after-care organisation till he attains the age of 20 years.

The State Government may establish or recognise certain organizations as after-care organisations for carrying out the after-care programme for juveniles and children under the Juvenile Justice Act.